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Decision Beshr Abdel-Azim v. Kidde Fenwal, Inc.

Date: 05/20/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 052057-98
Location: Boston
  • Employee: Beshr Abdel-Azim
  • Employer: Kidde Fenwal, Inc.
  • Insurer: Travelers Insurance Company

HORAN, J. The employee appeals from a decision denying and dismissing his claim for an alleged work related emotional injury.1  Without conducting an evidentiary hearing, he judge concluded the employee's workers' compensation claim was barred due to the preclusive effect of findings made by a superior court judge, who dismissed the employee's wrongful termination claim. (Dec. 6-7) We vacate the decision, and recommit the case for a hearing and a decision consistent with this opinion.

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1  General Laws c. 152, § 1(7A), provides in pertinent part:

Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . .  No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

2  The hearing decision lists the superior court judge's "Findings of Fact, Ruling of Law & Order of Judgment" as exhibit 6.